I won my case!

[dadinva2006]

Hello,
I posted on here a few months ago with questions about my custody trial. I won my case 3 weeks ago! I am so overjoyed. The judge saw right through BM's lies and manipulation. I now have primary physical and joint legal. The bad news is I just found out last week that BM appealled. So since our case was heard in the JDR court, this next trial will be a whole new trial in Circuit Court. I am very nervous about this because what if I don't get such a great, unbiased judge this time?
My daughter is living with me now and going to preschool here so hopefully having this status quo will help. BM shows no signs of changing her manipulating, lying ways and is already claiming I don't allow our daughter to speak with her and never call her, when in fact I call her EVERY SINGLE DAY for my daughter to speak with her. My phone bills will easily show this.

[step_momma_2boys]

Wow!  Congratulations!  I don't really know your case, but I'm happy to hear that a father won custody!  So many BMs go on and on with their lies and manipulations that they think they are invincible.  I hope all goes well with your appeal.  From what I've heard on appeals, they won't just switch things around unless there was something wrong about the way the judge made his decision.  Like, if he didn't apply the law correctly.  She won't be able to bring in new evidence.  And if she wants to make a complaint about you suppossedly not calling her, then she will have to do it by another avenue.... not appeals.  She would have to file a complaint w/ the family court that heard your case.  I wouldn't worry tooooo much, but I know that's hard to do.  I'm sure you are like so many of us waiting for BM to do something else!  Well, anyway... I mainly just wanted to say congratulations!!!

[Kent]

Generally appeals do not go anywhere in custody cases, unless there is such blatant misconduct by the judge.

However, keep in mind, you will be walking/living on eggshells until your daughter is 14 and old enough to choose.

Expect your ex to take you back to court within a year. She will come up with all sorts of lies, and may even claim molestation, domestic violence, child abuse, drug abuse, alcohol abuse, and who knows what else.

Stay out of trouble, be the best dad you can be, and (what I have noticed is very important) stay very very involved in her school. Make sure you go to every open house, ask for teacher conferences, and communicate with the teachers at least once a week. Especially in the lower grades, most teachers appreciate a parent who brings their child into the classroom at least once a week. Smalltalk is priceless.

Good luck!

Kent!

[dadinva2006]

The reason I am worried about the appeal is because my attorney says it is not a typical appeal since our case started in the Juvenile and Domestic Relations Court. The "appeal" is essentially a do-over and a whole new trial in the Circuit Court. Anyone every experienced this type of situation?

[Mamacass]

We won our custody case in VA 9/13/06, and BM has filed an appeal.  Our attorney also told us that it's like a whole new trial.  I think our case has gotten stronger now though since BM no longer has a car or her own place.  She is living with her parents and when my SS goes to spend the night he has to sleep on their living room couch.  Doesn't seem to me that she has a lot to offer.  
What part of VA are you in?

[dadinva2006]

I'm in Fairfax County, what part are you in?

[Mamacass]

Hopewell.  
It's nerve-racking, isn't it?  You go through all the stress of preparing for the first trial.  You worry up until the moment the judge says you've won.  You spend the next week pinching yourself to make sure its not a dream.  You start to settle in to life again, and then you find out you have to go through an appeal.  Its like you're starting all over.  And at least at the first trial, we had the element of surprise.  BM had no idea we'd found about the trouble she'd been getting in.  This time she knows what we've got on her.  I guess it shouldn't matter though, the facts are still the same.  Actually, now we can show the improvement in SS's school behavior.  It's amazing the difference between last year when he lived with his mom and was getting notes sent home more days than not, and this year with him living with us, and he has had 2 notes in 2 months.  I'm sure the judge will find that interesting.  
Good luck, you'll have to keep us posted on how it goes.